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This edited version has been archived due to the length of time since original publication. It should not be regarded as indicative of the ATO's current views. The law may have changed since original publication, and views in the edited version may also be affected by subsequent precedents and new approaches to the application of the law.

You cannot rely on this record in your tax affairs. It is not binding and provides you with no protection (including from any underpaid tax, penalty or interest). In addition, this record is not an authority for the purposes of establishing a reasonably arguable position for you to apply to your own circumstances. For more information on the status of edited versions of private advice and reasons we publish them, see PS LA 2008/4.

Edited version of your written advice

Authorisation Number: 1051274059714

Date of advice: 28 August 2017

Ruling

Subject: Net medical expenses tax offset

Question 1

Are amounts paid for attendant care eligible medical expenses for calculating for Net Medical Expenses Tax Offset?

Answer

Yes

Having considered your circumstances and the relevant factors, we accept that you are eligible to claim attendant care under the Income Tax Assessment Act 1936 Section 159P. Further information on the relevant factors and inheriting a dwelling generally can be found on our website ato.gov.au and entering Quick Code QC 48771 into the search bar at the top right of the page.

This ruling applies for the following periods:

Year ending 30 June 2016

Year ending 30 June 2017

Year ending 30 June 2018

Year ending 30 June 2019

The scheme commences on:

01 July 2015

Relevant facts and circumstances

This ruling is based on the facts stated in the description of the scheme that is set out below. If your circumstances are materially different from these facts, this ruling has no effect and you cannot rely on it. The fact sheet has more information about relying on your private ruling.

You suffered a medical condition.

You initially required twenty four hour a day/seven day a week care.

This has reduced to sixteen hours a day.

You engaged a care provider to supply in house attendants to assist with various personal duties.

Your disability is ongoing.

Relevant legislative provisions

Income Tax Assessment Act 1936 Section 159P

Tax and Superannuation Laws Amendment (2014 Measures No.1) Act 2014


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